101 Ga. App. 544 | Ga. Ct. App. | 1960
The only question in this case is whether, where an employee is injured by a compensable accident and dies as a result, the. amount of reasonable expenses of his last illness is limited to $1,500. The expenses in this case were $7,780.15, a hospital bill and bills of various doctors. The
1. It seems to us that the question here involved was settled by the ruling in American Mut. Liab. Co. v. Castleberry, 46 Ga. App. 60 (166 S. E. 670), in which the court ruled that under the law then applicable there was no fixed limit to the amount allowed for the last illness of an employee in such a case. Under that ruling the then existing law did not limit the medical expenses of last illness in a case where death resulted from the accident. The wording of the old law is the same as the present law (Ga. L. 1955, pp. 210-214; Code, Ann., § 114-413(a)), except that the amount for burial expenses is higher now. We do not think that the court in the case above cited intended to say that the sole reason for its ruling was that more compensation was allowed at that time in non-fatal cases than in fatal cases. The court stated that the law meant what it said. That case was decided in 1932 and with knowledge of its existence the General Assembly has not seen fit to amend the law to limit the amount of last illness expenses except by the standard of reasonableness. It seems to us that to rule contrary to the ruling in the Castle-berry case would be to enter the field of legislation in an area where judicial legislation would violate the rule against judicial encroachment upon the legislative function.
The court did not err in affirming the award.
Judgment affirmed.